§ 24-147. Drug and alcohol policy.

(a)

Definitions. As used in this policy, the following words, terms and phrases shall have the meanings respectively described to them as follows:

Abuse of alcohol or being under the influence of alcohol means the consumption of any beverage, mixture or preparation, including any medication, containing alcohol that results in having a blood alcohol content of 0.02 or more. A blood alcohol content of less than 0.02 shall not preclude the village from acting to prove that any employee covered by this article was unable to properly perform his duties or was impaired while on duty.

Abuse of any drug means the use of any drug, the use of any prescription drug that has not been legally prescribed and dispensed, or the misuse of any legally prescribed drug.

Alcohol means the intoxicating agent in beverage alcohol, ethyl alcohol or any other low molecular weight alcohol, including methyl or isopropyl alcohol.

Drug means any controlled substance listed in schedules I through V of the Federal Controlled Substances Act (21 USC 801 et seq.) or the Illinois Controlled Substances Act (720 ILCS 570/100 et seq.), and cannabis as defined in the state Cannabis Control Act (720 ILCS 550 et seq.), as further defined by section 1308 of Title 21 of the Code of Federal Regulations (21 CFR 1308), including an analog of any listed controlled substance for which any such employee covered by this article is tested and does not submit a valid, pre-dated prescription.

Positive test result means that the specimen tested contains drug or drug metabolite concentrations at or above the concentration specified in part 40 of title 49 of the Code of Federal Regulations (49 CFR 40.1 et seq.).

(b)

Policy. It is the policy of the village to maintain a work environment that is free from the adverse effects of drugs and alcohol. This policy is intended to assure that any employee covered by this article is not impaired in his ability to perform assigned duties in a safe, healthy and productive manner, to protect any such employee and the public from the risks associated with the adverse effects of drugs and alcohol and to encourage any such employee to seek professional assistance any time any personal problem, including drug or alcohol dependency, adversely affects his ability to perform the assigned duties of his position. This policy is also intended to comply with all applicable federal and state laws with respect to providing a drug-free workplace and testing any employee or any applicant for employment for drugs and alcohol, including the federal Drug-Free Workplace Act of 1988 (41 USC 701 et seq.), the Omnibus Transportation Employee Testing Act of 1991 (49 USC 31306) and the state Drug Free Workplace Act (30 ILCS 5801 et seq.), and any rules and regulations issued thereunder.

(c)

Prohibitions. This policy prohibits any employee covered by this article from any:

(1)

Manufacture, distribution, dispensation, possession, use, sale, purchase, abuse of alcohol or being under the influence of alcohol at any time during the course of the workday or anywhere on or in any village-owned property, including village buildings and village-owned vehicles, except as expressly required in the performance of any such employee's official duties;

(2)

Manufacture, distribution, dispensation, possession, use, sale, purchase or abuse of any drug at any time and at any place except as expressly required in the performance of any such employee's official duties;

(3)

Abuse of any drug that has been legally prescribed and dispensed to such employee;

(4)

Failure to immediately disclose to his department head or other immediate supervisor any drug or other medication-related work restrictions, or disclose to his department head or other immediate supervisor the taking of any drug or medication whose container has warnings that such drug or medication may affect any such employee's ability to perform his job, or to drive or operate machinery;

(5)

Occurrence of testing positive for any drug or for the abuse of alcohol or being under the influence of alcohol;

(6)

Failure to comply with this policy;

(7)

Refusal to submit to any drug or alcohol test under this policy, which shall also include, but not be limited to, any attempt to tamper with or substitute any sample to be used in connection with any such test;

(8)

Refusal to report for any assessment, evaluation and/or referral for treatment with a substance abuse professional following any voluntary request for assistance under this policy or any first time positive test for any drug or for the abuse of alcohol or being under the influence of alcohol; or

(9)

Refusal to enter or successfully complete any rehabilitation program following any assessment and referral to such rehabilitation program by a substance abuse professional.

(d)

Administration of tests.

(1)

Testing based on reasonable suspicion.

a.

If there is reasonable suspicion that any employee covered by this article has committed any of the acts prohibited in this policy, any such employee may be required to undergo drug and/or alcohol testing. In the event reasonable suspicion exists, the village shall arrange for any drug and/or alcohol test.

b.

Reasonable suspicion exists if the facts and circumstances warrant rational inferences that any employee covered by this article has committed any of the acts prohibited in this policy. Reasonable suspicion shall be based upon the following:

1.

Observable phenomena, such as direct observation of use or the verifiable physical symptoms resulting from the abuse of drugs or being under the influence of alcohol; or

2.

Information provided by an identifiable, reliable and creditable third party that any employee covered by this article has committed any of the acts prohibited in this policy.

c.

On the first business day after the day any employee covered by this article has submitted to testing based upon reasonable suspension as authorized by this policy, the village shall provide any such employee with written notice setting forth the objective facts and reasonable inferences to be drawn from those facts which form the basis of the reasonable suspicion for the order to test. At the time of the order to test, the village shall verbally provide any such employee with the general facts supporting such order to test.

d.

When testing is ordered, any employee covered by this article may be temporarily reassigned or relieved from duty and placed on leave with pay pending the receipt of the test results by his department head. Any such employee will not be subject to any other adverse employment action relating to this matter during the pendency of the testing procedure. Any such reassignment shall be immediately discontinued in the event of a negative test result.

e.

In conducting any such drug testing based upon reasonable suspicion as authorized by this policy, the village shall:

1.

Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory and Blood Bank Act (210 ILCS 25/101 et seq.) that has been or is capable of being accredited by the National Institute of Drug Abuse ("NIDA");

2.

Ensure that the laboratory or facility selected conforms to all NIDA standards;

3.

Establish a chain of custody procedure for both sample collection and testing that will insure the integrity of each sample and test result. No bargaining unit employee shall be permitted at any time to become a part of such chain of custody in connection with the testing of any other bargaining unit employee in the same collective bargaining unit;

4.

Collect a sufficient sample for drug testing of the same bodily fluid or material from any such employee covered by this article to allow for initial screening, a confirmatory test and a sufficient amount to be set aside and reserved for later testing if requested by any such employee;

5.

Collect samples in such a manner as to preserve any individual employee's right to privacy, insure a high degree of security for the sample and its freedom from adulteration. No employee covered by this article shall be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples or where there is reasonable belief that any such employee has attempted to compromise the accuracy of the testing procedure;

6.

Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography, plus mass spectrometry or an equivalent or better scientifically accurate and accepted method that provides quantitative data about the detected drug metabolites;

7.

Provide any such employee tested with an election to have the additional sample tested by a clinical laboratory or hospital facility of any such employee's own choosing, at any such employee's own expense; provided that any such employee notifies his department head or the human resources manager of such election within 72 hours after receiving the results of any such test;

8.

Require that the laboratory or hospital facility report to the village that a blood or urine sample is positive only if both the initial screening and confirmation tests are positive for a particular drug. If any information concerning such testing or the results thereof obtained by the village is inconsistent with such requirement (e.g., billings for testing that reveal the nature or number of tests administered), such information will not be used by the village in any manner adverse to any such employee's interest;

9.

Provide any such employee tested with a copy of all information and reports received by the village in connection with the testing and the results.

f.

In conducting any such alcohol testing based upon reasonable suspicion as authorized by this policy, the village shall:

1.

Ensure that all technicians are trained and equipment is calibrated;

2.

Conduct breath tests to detect the presence of alcohol;

3.

Require that, with regard to alcohol testing for the purpose of determining whether any employee covered by this article is under the influence of alcohol, test results show an alcohol concentration of 0.02 or more based upon the grams of alcohol per 100 milliliters of blood before being considered positive.

(2)

Testing required for positions required to have a commercial driver's license. In addition to the provisions of this policy, any employee covered by this article who is appointed to a position required to have a commercial driver's license to drive a commercial motor vehicle (a "CDL") as determined by federal regulations or the Secretary of State of the State of Illinois, including any applicant for employment to a position required to have a CDL, shall be subject to the Drug and Alcohol Abuse Policy, as prepared and revised by the Illinois Municipal League (Form IML-Rev. 8.1.01, the "CDL Drug and Alcohol Abuse Policy"), and adopted by an ordinance of the corporate authorities, including as modified by the corporate authorities of the village therein, all provisions of which are included in this policy by this reference to the same extent as if fully set forth in this place. In the event of any conflict between the provisions of this policy and the CDL Drug and Alcohol Abuse Policy, the provisions of the CDL Drug and Alcohol Abuse Policy shall control.

(3)

Testing required for positions performing a pipeline function. In addition to the provisions of this policy, any employee covered by this article who is appointed to a position having any duty to perform on a pipeline any operating, maintenance or emergency response function regulated by parts 192, 193 or 195 of title 49 of the Code of Federal Regulations (49 CFR 192, 193 and 195), including any applicant for employment to any such position having any duty to perform any such function, shall be subject to the Anti-Drug Plan and the Alcohol Misuse Prevention Plan, each dated January 1, 2001 (collectively, the "Pipeline Drug and Alcohol Abuse Plans") and adopted by an ordinance of the corporate authorities, all provisions of which are included in this policy by this reference to the same extent as if fully set forth in this place. In the event of any conflict between the provisions of this policy and the Pipeline Drug and Alcohol Abuse Plans, the provisions of the Pipeline Drug and Alcohol Abuse Plans shall control.

(e)

Voluntary request for assistance.

(1)

The village will not discipline or take any adverse employment action against any employee covered by this article who for the first time voluntarily seeks treatment, counseling or other support for a drug or alcohol abuse problem, unless the request follows any testing of any such employee under this section or unless any such employee is found impaired or involved in the abuse of drugs or under the influence of alcohol while on the job. An applicable department head may, however, in his sole discretion, require reassignment or relief from duty if any such employee is believed to be unfit for the duties of his current assignment.

(2)

The village strongly encourages any employee covered by this article with a drug or alcohol problem to seek professional help. The village will not discriminate or retaliate against any such employee who voluntarily comes forward to request assistance. Seeking assistance, however, does not insulate any such employee from discipline for any other violation of this chapter, for any violation of any other applicable procedure, rule, regulation or policy, for any failure to fulfill any obligation under an employee assistance or treatment program, or for any future violation of this policy. Further, any employee seeking assistance may also be subject to random testing during and for 18 months following successful completion of any employee assistance or treatment program.

(3)

All voluntary requests for assistance shall be confidential and any information received by the village, through whatever means, shall not be used in any manner adverse to any such employee's interests, except reassignment or relief from duties as described above. The village's obligation to provide treatment under this policy shall be limited to services provided and paid for by the village's insurance plan in which any such employee is enrolled.

(4)

In the event the nature of the treatment program (e.g., outpatient treatment) allows any such employee to continue to work during his treatment, the village will maintain any such employee's previous employment status with the exception of possible reassignment or relief of duties as set forth above. In the event any such employee participates in an inpatient program that precludes continued employment, any such employee shall be required to use any accumulated sick leave, vacation and/or personal time. If any such employee has exhausted all such accumulated benefit time, he may be placed on an unpaid leave of absence.

(f)

Confidentiality of test results. Any employee covered by this article will be provided with a copy of all information and reports received by the village in connection with any drug and/or alcohol test and any results thereof under this policy. Any results of drug and alcohol tests will be disclosed to any such employee tested, the administrative officer, the applicable department head, the human resources manager, the village attorney, other officers with a "need to know," others who may be mutually agreed to by both the village and the affected employee and those permitted by law. Where any grievance and/or other proceeding has been initiated by or on behalf of any such employee that involves drug and/or alcohol testing information, such information may be used in any such proceeding. Any such employee whose drug and/or alcohol test is confirmed as a positive test result shall have an opportunity at the appropriate stage of the disciplinary process to refute such result.

(g)

Penalties. Violations of this policy by any employee covered by this article shall be grounds for disciplinary action, up to and including discharge or removal from office. Any employee covered by this article who, for a second time, tests positive for any drug or for being under the influence of alcohol, engages in the abuse of alcohol or otherwise violates this policy, shall be discharged or removed from office.

(Code 1977, § 19.5.4; Ord. No. 1813, § 4, 8-14-2001)